- 1 - HC-KAR NC: 2026:KHC:32904-DB MFA No. 1446 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 1446 OF 2025 (FC) BETWEEN: 1. SRI. LOKESH S/O.KRISHNA, AGED ABOUT 34 YEARS, R/AT NO.P-646/7, AIRFORCE QUARTERS, POWER HOUSE LINE SHETTYHALLI WEST, BENGALURU-560 015. …APPELLANT (BY SRI. B VISWESWARAIAH., ADVOCATE) AND: 1. SMT. ARUNA KUMARI. H W/O.LOKESH, D/O.SRI.HANUMANTHAIAH, AGED ABOUT 30 YEARS, R/AT NO.46, 2ND CROSS, 1ST MAIN ROAD, DWARAKANAGAR, YELAHANKA, BENGALURU-560 064. AND No.43, 6TH CROSS, GAYATHRI TEMPLE ROAD, SEETHAPPA LAYOUT, CHAMUNDI NAGAR, BENGALURU-32. …RESPONDENT Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32904-DB MFA No. 1446 of 2025 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DT.20.11.2024 PASSED IN MC NO.1188/2020 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED U/S.13 (1) (ib) OF HINDU MARRIAGE ACT, ALLOWING THE PETITION FILED U/S.13(1) (ia) OF HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal under Section 19(1) of the Family Courts Act, 1984 has been filed impugned judgment and decree dated 20.11.2024 passed by the III Addl. Principal Judge, Family Court, Bengaluru in M.C.No.1188/2020 filed by the respondent-wife seeking dissolution of her marriage with the appellant which was solemnized on 26.12.2018. 2. The petition was filed by the respondent-wife under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955. Despite several opportunities being granted by the Family Court, the appellant-husband did not choose to file any counter - 3 - HC-KAR NC: 2026:KHC:32904-DB MFA No. 1446 of 2025 claim or objections to the petition filed by the wife. Whereas the respondent-wife got herself examined as P.W-1 and adduced documentary evidence as Exs.P1 to P5. The appellant- husband neither examined any witnesses nor tendered himself to give evidence to contest the petition filed by the respondent- wife. 3. The Family Court in the impugned judgment and decree has concluded that the appellant had treated the respondent-wife with rude and indifferent behaviour without any love and affection which would certainly amounts to cruelty and a failure on the part of the husband to discharge his marital obligations to take care of his wife. Though the Family Court did not find sufficient grounds to satisfy Section 13 (1) (ib) of the Hindu Marriage Act, the allegations under Section 13(ia) of the Act were proved. 4. We have examined the impugned judgment and decree carefully. 5. When the appellant did not contest the divorce petition inasmuch as he did not file any objection or counter claim and did not produce evidence, we fail to understand how - 4 - HC-KAR NC: 2026:KHC:32904-DB MFA No. 1446 of 2025 he can now in the appeal dispute the findings recorded by the Family Court on examination of the evidence adduced by the respondent-wife. 6. We have no reason to interfere with the judgment and decree passed by the Family Court and accordingly, the appeal stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RKA List No.: 2 Sl No.: 2